and anyone can help. anyone can participate in helping sidewalk santas by going to sidewalksantanyc.org. >> there you go. then we're going to see you in the after the show show. >> see you. gregg: midnight madness as bargain hunters flood stores all over the country on one of the busiest days of the year, but protests threatening to dampen the black friday fun. workers protesting at wal-marts nationwide. good morning, everyone, i'm gregg jarrett in for bill hemmer. patti ann: and i'm patti ann brown in for martha, great to be with you, gregg. we're looking live at landover hills, maryland, where one protest has formed there. the protesters criticizing the retailer for opening early and for paying low wages.

they say their absolute goal is to hurt the discount retailer. listen. >> i'm standing for all of my fellow associates that are actually in there right now working. we don't have the camaraderie that we used to. >> to put it simply, we are hoping to hurt the bottom line to show this is what happens when they trample on the rights of american citizens. gregg: james rosen is live at the protest with more. hi, james. still no word from the national labor relations board? >> reporter: that's right, gregg and patti ann, good morning. and that absence of a ruling has permitted this picketing to go forward. the pictures tell their own story. i'm going to let my cameraman follow me around here. we see here on site about 2-300 protesters. they were bussed in on five charter buses from different parts of the washington, d.c. and suburban areas. they are comprised of a group i would say that is diverse in terms of race, gender and age.

there was a bit of speechifying going on. we've seen some interesting plaque cards and signs that say i make 8.30 an hour, and instead of save at wal-mart, it says slave at wal-mart. and now they're beginning their march on the walmart in this complex. i'm going to ask martin to wheel around and show you just how far away walmart is from where the protesters staged their staging area, if you will. um, this was -- we were told it was organized by the united food and commercial workers' union, and a subsidiary group called making change at wal-mart. and then a third group that is said to be independent but which has as of last year was also a subsidiary called our walmart. it's unclear to us how many walmart employees are actually going to walk off the job once this protest gets closer to the actual entrance to the store. the organizer from the united food and commercial workers'

union told us he had no idea how many walmart workers were actually going the join the picket line today. walmart, of course, has projected the kind of confidence you'd expect from a company that logged nearly half a trillion in net sale last fiscal year. they've said they have 1.4 million u.s. employees, more than a million of them they expect to stay on the job for this heavy shopping season. why don't we see if we can get closer to the protesters and maybe talk to one or two of them. you can see flying right there the banner of our walmart, and as i say, this is a diverse crowd. they just had speeches from folks associated with groups like jobs for justice. of we understand there's a reverend here. the goal is they're going to march onto the entrance of walmart and get as close as they can to the store until the store security or human resources or some executive personnel from walmart greet them, probably some distance from the entrance. they've done this before. they know how it goes. there's usually the reading of a

letter and some exchange of words and perhaps documents, and then it usually ends peaceably, we're told. let's talk to some folks right now and see if they'll talk to us about why they're here. ma'am, why are you here today? >> green shirt. talk to someone in a green shirt. >> reporter: talk to the green shirt, we're told. that sounds rather mysterious. let's see if we can talk to some folks here. can you tell us why you're here today? >> talk to the lady with the -- >> reporter: lady with the green shirt. here's a green-shirted man. why are you here today, man? >> get the workers out, protect the walmarts. >> reporter: we're told to talk to the people in the green shirts. you're a green-shirted -- so far not that friendly to the media, but we'll be tracking this to see if it stays peaceable here in maryland. gregg: uncommon eloquence in expressing their demands. james, the walmart executives

hired lawyers who filed a legal complaint with the labor relations board saying, hey, wait a minute, a lot of what they're doing here is illegal, and it is interfering with their businesses, and they wanted a stop to it. >> reporter: right. gregg: but my guess is the labor relations board has simply sat on their hands and so far at least taken no action which renders at least today's protests rather moot. >> reporter: that's right. what happened was last friday walmart filed a complaint with the national labor relations board saying, in essence, that the united food and commercial workers' union by organizing these protests across more than 30 days is legally required to file a petition with the labor relations board to seek an election to form a union. and that without seeking to do that, in essence, what the uscw's trying to do here, says walmart, is mount a stealth effort to unionize the walmart work force. again, 1.4 million people across

the united states. we expected that we would have a ruling on that complaint of unfair labor practices from the national labor relations board sometime yesterday, over thanksgiving, so that it would apply to what we're seeing here. but it never came. typically, those complaints take six weeks to adjudicate. it was filed in little rock. the memphis regional field office was handling it, but so far no ruling. and to the national labor relations board apparently keeping its hands off today's activities. gregg: james rosen, if you're able to get somebody there to put a subject with a predicate, we'll come back to you. thanks very much. >> reporter: all right, thank you. [laughter] patti ann: well, as you can see, unions are backing these protests. are they accomplishing anything? charles gasparino is a fox business network senior correspondent. charles, thanks for joining us. >> i will try to put a subject and a predicate together this morning. [laughter] patti ann: they're protesting for higher pay and safer working

conditions. are these protests accomplishing anything? >> yeah, because we're watching it. i mean, that's the sort of, that's the end game here, to get favorable media coverage. and while we'll do a fair and balanced report on both sides of the issue on how this is disrupting businesses -- these aren't coal miners risking their lives every day -- we'll point that out. the mainstream media, as it's generally known, is very pro-union and doesn't get into these issues. i should point out, because my father will be rolling in the his grave right now, i am a son of a union iron worker. i am pro-union in that regard, but here is the lesson that many unions should heed, what went down with hostess, the makers of twinkies, all those other unhealthy desserts, you know, the unions basically drove the company out of business.

same thing with the autoworkers. they were bailed out. i'm not sure walmart is on the verge of going out of business, far from it. mr. rosen pointed out just how much money they make. but that is the whole sort of give and take between unions and the private sector, and they have to worry that if they push too hard, maybe the company doesn't go out of business, but it has to lay people off. patti ann: and this is a more interesting twist on this, though, because walmart is not a union shop. ofy of these protesters not them are union members, many of whom were bussed in by the union organizers. >> right, i mean, listen, this is why we're here to provide both sides of the story. the whole notion that a union person can't put together a subject and a predicate and explain, say why they're there is absurd. i've been to union protests. you ask the construction workers 20 years ago, 25 years ago when i was a kid with my dad, they would put more than a subject and a predicate together, let me tell you.

they were angry, and they expressed themselves. it's fishy that these guys are pointing to the green-shirted ones. who knows where they come from, and then they give you some sort of drivel. this is a very, very, very weak economy right now, workers' wages are going down, we should point that out. that's why unions, that's why there's sympathy for what's going on here. we have a president of the united states to think -- that thinks to solve that issue it's good to raise taxes on everybody, even on small businesses. he's really not taking into account the economic impact of what's going on in the country right now. you have to have sympathy for these folks, but they should remember, they should heed the example of hostess and the automakers, you push too hard, there are economic consequences. job consequences and company-wide consequences. patti ann: briefly, the controversy over working on thanksgiving -- >> well, that's a joke. i mean, come on. listen, you take this job, my

dad was a bartender. i washed dishes as a kid. we worked easter, okay? easter's a big italian-american holiday, by the way, but we did it because those were the conditions of the job. like i said, these are not coal miners, they're not risking their lives over at wal-mart. they work in retail, and guess what? black friday is a big retail day. patti ann: all right. gotta go. charles gasparino, thanks so much for joining us. >> you got it. gregg: and now a fox news alert. new violence erupting in egypt after president muhammad morsi grants himself new and far-reaching powers. live pictures as the president speaking right now. that's muhammad morsi, as hundreds of egyptians are protesting in tahrir square today. morsi's opponents clashing with supporters in cities all over egypt. we're now hearing protesters storming the office of the muslim brotherhood and throwing out books and chairs and other things onto the streets.

steve harrigan streaming live from cairo with the latest. hi, steve. >> reporter: gregg, behind me we're seeing the start of violence at this major demonstration in cairo. you see crowds off to my right, the tens of thousands who have gathered here beginning to run. we've seen tear gas fired as well as molotov cocktails. this big crowd here today, the biggest we've seen in some time, is really in reaction to what the new egyptian president did yesterday, muhammad morsi issuing some stunning information, first, that any decree he issues will be legal and that any declaration he issues is final and cannot be appealed by anyone, including the courts. the new egyptian president has basically, on paper, put himself above the law here saying the courts have no say, and obviously, there's a lot of people -- tens of thousands of egyptians -- who are not happy with it. morsi supporters say this was a necessary move to try to get rid of holdovers from the old regime of hosni mubarak.

they say it's only temporary until they get a new constitution. but opponents are furious at what this president has done. they say he's put himself above the law, made himself into a dictator. also they're concerned that the new constitution that does get written could be heavily-islamist. so what we have here is a large crowd of demonstrators, already the start of violence, and all this comes just one day after mr. morsi was praised, praised effusively by u.s. officials for his role in mediating the israel/gaza fight. back to you in new york. gregg: it just goes to show you how quickly events can turn around in that region of the world. steve heir began, we'll check back with you a bit later on. thanks very much, in cairo. patti ann: and another hotbed in that region, the hamas terror group is now accusing israel of breaking ceasefire rules two days after a truce was reached along the israel/gaza border. israeli officials say they will investigate reports that a palestinian man was killed.

israel has arrested several palestinians suspected of blowing up a bus in tel aviv. we'll bring you the latest on that when we have that. gregg: those are just a few of the many stories we are following this morning. a busy day in "america's newsroom." plus, a boat trip turning deadly off the coast of florida. how 23 people ended up in a fight for their lives. patti ann: and tragedy on the highway. a chain reaction crash causing a 140-car pile-up. we'll tell you how this happened. gregg: plus, ambassador susan rice under fire for calling benghazi a respond spontaneous , and now she is speaking out against her republican critics including senator john mccain. why she says their claims are unfounded. >> when discussing the attacks against our facilities in benghazi, i relied solely and squarely on the information provided to me by the intelligence community. i made clear that the information was preliminary and

that our investigations would give us the definitive answers. ♪

[ male announcer ] it started long ago. the joy of giving something everything you've got. it takes passion. and it's not letting up anytime soon. at unitedhealthcare insurance company, we understand that commitment. and always have. so does aarp, an organization serving the needs of americans 50 and over for generations.

so it's no surprise millions have chosen an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans, they help cover some of the expenses medicare doesn't pay. and save you up to thousands in out-of-pocket costs. to find out more, request your free decision guide. call or go online today. after all, when you're going the distance, it's nice to have the experience and commitment to go along with you. keep dreaming. keep doing. go long.

gregg: ambassador susan rice now breaking her silence and defending her controversial comments on the benghazi terror attacks. republicans claim susan rice either wittingly or unwittingly misled americans days after the raid when she claimed the assault grew out of a spontaneous protest related to a youtube video. well, stephen hayes joins us now to talk about it, senior writer at the weekly standard and a fox news contributor. steve, happy black friday to you. [laughter] >> morning, gregg. gregg: hey, listen, rice claims she relayed solely and squarely, those are her words, on the information provided to her by the intel community. is that good enough to absolve her? >> no, i don't think it is in any respect. i mean, first of all, as a spokesman for the administration, you have an obligation to make sure that the

information that you're presenting is accurate information. and i would be shocked to learn that she didn't have some kind of a sit-down session with these intelligence community representatives where she went back and forth and asked them, pressed them on their case if this was, in fact, what they were presenting. and if you look at the other argument that she's making right now, that this was something that came sort of organically from the intelligence community, you then have to go back and ask why was it that so much of the raw intelligence product, the notes from the -- the cable from the cia station chief on the ground in libya, other reports that we were getting, telephone intercepts, all pointed squarely, to use her word, to a terrorist attack and that that didn't get a mention from her. gregg: right. you know, rice does have, we know, access to classified intelligence. she could easily have learned the truth ahead of her television appearances which invites the question does she really have a duty to do that before she goes out and tells the world what turned out to be a lie?

>> yeah. i mean, i think she does. look, this was -- the administration will tell you that this was something of a tryout for susan rice as a potential secretary of state nominee. and if that's the case, she failed in the tryout. she has an obligation to go and make sure that the information she's presenting to the american public is as true as can be. and we also have to go back and look at how these talking points that she relied on came to be. i mean, why was it that james clapper, to choose just one person, had testified under oath in front of congress that he had no idea how the words al-qaeda and other phrases were removed from the talking points that cia prepared and later were reinserted. he said he didn't know how that happened, and he put out a statement earlier this week saying it happened in his shop. those are two totally contradictory things he's saying. gregg: and by the way, it's a crime to lie to congress. but let me move on. the president's news conference last week, he said the people

elected him to work with the other side and not to get into partisan fights. but, steve, if he nominates rice to be the next secretary of state, wouldn't that trigger a major partisan fight, and would he really do that when, after all, he's trying to reach a bipartisan deal to avoid the fiscal cliff? >> right. look, i would be surprised if the president put her forward given everything that we've seen. there were one or two scenarios, right? either she was, this was a tryout for her and she failed, or it was the case that they sent her out on purpose as the president suggested when he said they sent out susan rice who, quote, had nothing to do with benghazi. gregg: right. >> they sent her out on purpose to basically do little other than to mouth administration talking points. in either case, she comes out of those five appearances looking like she doesn't know what she was talking about in the best case scenario, or she was being dishonest in the worst case scenario. gregg: but, steve, look, here's the deal, do republicans really want this fight over secretary of state? time magazine made the following

point, we'll put it up on the screen: gregg: the optics favor the white house. >> look, who cares about the optics? if she went out and told a story which wasn't true, which everybody now can see, you have administration officials who say what susan rice said on september 16th was not true. we now know that. that is the consensus. if she goes out and tells a story that's not true, not only should they, but they have an obligation to make sure that we understand how that came to be, and i think, by the way, they should also look at what james clapper said in those, in those, in his testimony before congress. gregg: oh, they surely will. stephen hayes, good to see you as always. thanks. >> you bet. patti ann: a dark cloud as holiday shoppers hit stores on

this friday. we're looking back now live at maryland where profest testers are -- protesters are speaking out against the retail giant, walmart. try running four.ning a restaurant is hard, fortunately we've got ink. it gives us 5x the rewards on our internet, phone charges and cable, plus at office supply stores. rewards we put right back into our business.

this is the only thing we've ever wanted to do and ink helps us do it. make your mark with ink from chase.

gregg: a holiday tragedy in south florida. a massive wave cap sizing a boat with 23 people onboard. one woman is dead, three others rushed to the hospital. the group returning from a diving expedition. nearby boaters came to the rescue along with life guards using wave runners. some of the survivors describing the disaster. >> wave caught it from behind, and it flipped as he was coming in the harbor. >> did you see the wave coming or caught you by surprise? >> he was trying to time it. he didn't time it right. >> and then it just kind of threw you over? >> and then it just flipped. kind of seems like it was in slow motion. >> the people that were still

floating in the water, they, they had a couple jet skiers that were gathering those people. >> chaos. people just in the water, it's like unbelievable. gregg: all the passengers are accounted for. the three who went to the hospital were treated and then released. patti ann: a catastrophe on a southeast texas highway. at least two people killed and dozens injured in a pile-up involving more than a hundred vehicles. dense fog played a major role in the destruction on thanksgiving day. dominictydi-natale is live from our los angeles bureau with more. >> reporter: good morning, patti ann. at least 140 vehicles collided in this pile-up. trucks and cars mangled together in a twist of metal, broken glass, tires, passenger seats, everything. there were cars on top of cars, one fedex truck was actually torn in two, and you can see how vehicle after vehicle slammed

into one another, over 140 of them, said the sheriff's d.. witnesses driving on the highway at the time said they could see the carnage unfold before them, they say. >> there were three cars in front of me, and i saw it about to happen, and sure enough the first car that stopped, the second car tried to avoid hitting it but just tagged it, you know, on the bummer the, and -- bumper, and then the next car tagged the bumper, and i literally was able to stop without hitting anyone. >> you know, i was thinking, like, you know, people, pay attention. just pay attention to what the hell you're doing. >> reporter: a man and a woman were killed in a chevy suburban suv that was crushed by a tractor tailer, identified as deborah ledger who was 60 and vincent ledger, 64. about 8:45 a.m. thanksgiving morning on interstate 10 southwest of bow month about 80 miles east of houston.

police at the time described it as a chain reaction event. >> what caused the accident was a heavy fog rolled into the area which caused people to not be able to see and one accident triggered another. >> reporter: about a dozen are in serious or critical condition, the sheriff's department saying the fog was so thick at the time that the police didn't know they were dealing with multiple pile-ups, multiple incidents. back to you. patti ann: dominic, thank you. gregg: president obama's health care law could mean big changes for your coverage, but some analysts are saying the government is way behind schedule now, and it could be an absolute mess. remember this from nancy pelosi? >> but we have to pass the bill so that you can find out what is in it away from the fog of the controversy. patti ann: plus, a holiday miracle. one family receiving the gift of life after getting some

devastating news. you don't want to miss this amazing story. gregg: and communities battered by superstorm saturday getting in on black friday bargains, and rick leventhal is live in brooklyn. rick? >> reporter: and, gregg, not your typical black friday here in brooklyn with all these stores closed because of flooding from superstorm saturday. toys r us opened a tent in the parking lot. we'll bring you this story right after the break. hi victor! mom? i know you got to go in a minute but this is a real quick me, that's perfect for two! campbell's chunky beef with country vegetables, poured over rice! [ male announcer ] campbell's chunky soup. it fills you up right.

gregg: stores in the areas hit very hard by superstorm sandy are struggling to open their doors for black friday. one brooklyn toys r us, get this, actually operating out of a big tent. many folks, though, not just bargain hunting for gifts, they're also stocking up on essentials. and rick leventhal is live in brooklyn. what's it like there at that location? >> reporter: you know, gregg, we've seen the craziness on black friday in so many stores and so many places. not here in brooklyn, not today on this black friday. in large part because, as you mentioned, this toys r us flooded -- that's the tent they built out front. the store behind it normally holds 1100 people. they can only fit about 200 inside that tent. you see the babies r us, the kohls next door also shut down. the flood ruined everything, so wednesday they opened this tent. we can show you that they did

bring in new toys, they have lined the shelves in this much smaller space, and people were lined up to get inside overnight, but today it's pretty quiet. no lines to speak of at all. and the store is just hoping to make back some of what it's been losing over the last few weeks, gregg. gregg: rick, what are shoppers telling you about how sandy is affecting their holidays? >> reporter: well, you know, you mentioned people picking up not just gifts, but essentials. we've seen people buying diapers in here. some people who live in the area are having a hard time finding stuff that they need, so they're coming here to get it. other people are just doing their regular christmas shopping, and some people say they have a little bit of shopper's remorse or guilt as they walk these aisles. listen. >> kind of feel guilty. you feel i'm getting all those things that all those people don't have, so that's why we've been donating a lot of toys, and we try to do everything we can with. everybody should try that. if everybody did that, there wouldn't be so many people that

would be hungry. >> reporter: a nice thought on a black frild and a holiday season much different from every other one we can remember. gregg: it surely is. rick leventhal, thanks very much. and one of the most enduring images from superstorm sandy may actually become a permanent fixture on the jersey shore. remember this? the roller coaster submerged after the big storm knocked it off an amusement park pier. well, it might stay where it is. the mayor of seaside heights is considering a plan to turn the submerged roller coaster into a tourist attraction. he's working with the coast guard to make sure it is stable, although i wonder about environmentalists, they might not like that. patti ann: new issues being raised about president obama's health care law. americans will start paying more taxes to support obamacare in january, but many analysts say the federal government is way behind schedule on the building blocks needed to actually implement it.

>> everyone needs to remember that there wasn't a lot of thought given to obamacare by a single entity making sure that all the pieces fit together. it was put together by a bunch of special interests, and that's why you get this rude goldberg contraption, we're having all these problems. patti ann: dr. marc siegel is a member of the fox news medical a-team. thank you for joining us, doc. >> hi, patti ann. that's not exactly an endorsement. patti ann: no, not at all. the federal government has just defined the term "necessary benefits," it still hasn't defined what is considered adequate coverage. many of these companies have to renew their policies in the coming months, so is this new definition already coming too late? >> i think it is. and the big battle front that's coming up, patti ann, is really the state exchanges. and the biggest problem with obamacare and the biggest criticism it's gotten is for

mandating this kind of comprehensive insurance which, again, people have said is one size fits all whether you need everything it provides or not. 60% of actuarial value means that there's not a lot of room for deductibles, not a lot of room for co-pays, not a lot of room for health savings accounts. most americans currently have the kind of insurance which has deductibles, has co-pays, has health savings accounts. you know what that means? lower premiums. so if you have to go to a state exchange where you're forced to get the kind of insurance which is too comprehensive, premiums are going to be very, very high. there's not going to be enough competition, not enough choice at the state exchange, then you may end up not being able to afford the premiums. patti ann: and the question is, will the exchanges even be ready? they're supposed to be ready to test in october 2013, that's 111 months away. they need a new network, and that is not even close to up and running.

>> well, more than 12 states, patti ann, have said that they're flat out not doing this, including georgia, ohio and wisconsin. they're not going to set up their own exchanges. they're going to make the federal government do it. hhs will set them up for them because the states don't get anything out of it. there's no value. they're going to get a public relations fight mare if it doesn't work -- nightmare if it doesn't work, and there's not enough products on them for people to say, oh, i want that cheaper one. i don't want that expensive one. i can't afford that. look, i'm healthy, what do i need all of these bells and whistles for? obamacare has so many regulations, it's trying to get the kind of insurance in play where everything is covered; preventive services. you know, granted, we want to cover pre-existing conditions, and we talked about that on the show yesterday. but what is the cost of all this? high premium insurance, not enough choice, that's why the states don't want to be involved in this. what do they get out of it? they don't get a financial incentive. they're saying, many states are

saying and governor kasich in ohio has said let the federal government put in these exchanges. why should we do it? we're not getting anything out of it. patti ann: all right, interesting. thank you as always. >> are good to see you, patti ann. gregg: all right. coming up, we're going to talk about the tax pledge that so many republicans signed on to. well, now a top republican lawmaker is breaking ranks with a powerful conservative voice. why saxby chambliss is ditching the pledge he made to anti-tax activist grover norquist. what it means for the battle over the budget. >> nobody signed any pledge with me. the pledge is to the american people. americans for tax reform, my organization, shares it with all candidates, republicans and democrats. but the pledge is to the american people. i love the holidays. and with my bankamericard cash rewards credit card, i love 'em even more. i earn 1% cash back everywhere, evertime. 2% on groceries. 3% on gas. automatically. no hoops to jump through. that's 1% back on... [ toy robot sounds ]

2% on pumpn pie. and apple. 3% back on 4 trips to the airport. it's as easy as.. -[ man ] 1... -[ woman ] 2... [ woman ] 3. [ male announcer ] the bankamericard cash rewards card. apply online or at a bank of america near you.

[ male announcer ] the way it moves. the way it cleans. everything about the oral-b power brush is simply revolutionary. oral-b power brushes oscillate, rotate and even pulsate to gently loosen and break up that sticky plaque with more brush movements than manual brushes and even up to 50% more than leading sonic technology brushes for a superior clean. oral-b power brushes. go to oralb.com for the latest offers.

patti ann: a fox news alert right now, a massive protest is going on right now in tahrir square, egypt. it started just after friday

prayers. you can see protesters clashing with security forces, there's tanks, there is tear gas. this is a demand, apparently, that muhammad morsi quit. people accusing him of launching a coup, this new egyptian president allied with the muslim brotherhood, has recently issued a decree that basically says none of his decisions can be legally challenged. and this has caused quite a furor, as you can see. tanks moving in, and we are going to keep our eyes on this protest going on right now in egypt. gregg: well, another republican is breaking ranks with the anti-tax crusader grover norquist saying that addressing the nation's looming fiscal cliff take precedence over norquist's anti-tax pledge that many members of congress signed years ago. georgia senator saxby chambliss telling a local tv station, quote:

gregg: here now to talk about it, juan williams, a fox news political analyst, brad blakeman, former deputy assistant to president george w. bush. brad, 258 republicans signed the pledge never to, a, vote for a drop in tax rates or, b, limit deductions. but you know what the speaker of the house said the other day, john boehner, he said he's willing to do the latter. now you just saw what chambliss said. so is the era of grover and his you ubiquitous pledge over? >> no. i think grover deserves a great deal of credit for keeping that pledge to the american people and holding republicans' feet to the fire. gregg: is it over now? >> no. we have a different set of circumstances. perhaps what the democrats should have had is their own grover norquist on spending, and we wouldn't be in the mess we find ourselves in. but here's the reality, gregg.me for the status quo. nothing's changed since two

months ago. we have basically the same makeup in government. obama controls the white house, we control the house, democrats controls the senate. but guess what? the american people don't expect a status quo in governance. gregg: there's a recent rasmussen poll and, juan, i want you to take a look as well, 57% agree that raising taxes on those making more than $250,000 a year is a good idea. can you put that up on the screen, if you would, the poll? 35% disagree, so almost 60% now think the president's probably on the right track. juan, i mean, given his re-election circumstances have changed, have they not, and the president has, therefore, a political advantage? >> i think he has some leverage, and he certainly can point to the election results, not only his re-election, but with, of course, adding democrats in the congress and in the house. and you look at the new incoming house republicans, i think a dozen of them have refused to sign norquist's pledge.

and in addition to saxby chambliss, you have tom coburn and i think bob corker of tennessee and i don't know mccain of arizona -- and john mccain of arizona all making noises about it's time to leave that 20-year-old tax pledge behind. so i think the environment has shifted, and as you mentioned, gregg, speaker boehner has said revenue's on the table. now, he hasn't said that means an increase in tax rates, but he is open to this idea in a way that i don't think the rhetoric at least suggests he's open to it in a way that was not true before the election. gregg: yeah. brad, even conservative bill kristol said on fox news sunday that republicans should take the president's offer. in fact, let me quote him here. really? the republican party's going to fall on its sword to defend a bunch of millionaires half of whom who live in hollywood and are hostile? does kristol have a valid point? >> he does, and what republicans have to realize is that it's a time for compromise. democrats have to compromise on

spending, republicans have to compromise on revenue, and it depends on what your definition of rich is. we happen to believe that hurting the middle class and hurting small business at 250,000 is not fair. perhaps upper income individuals have to pay more, not necessarily in rates, but close those deductions, increase income into the treasury. there's lots of things that can be on the table on revenue. it must be on the table in order to get the compromise we need to get over this cliff. gregg: juan, why not force wealthier americans to pay more in taxes not by raising the rates, but by eliminating the loopholes, putting a cap on deductions and exemptions? depending upon the cap, it would actually raise even more revenue than raising rates which the president demands. and by the way, the studies show it would only hit the top income earners. isn't that the real compromise? >> yeah, i think that's out there, and i think that's what you'll see in terms of what's being called a bridge that will take these negotiations past the fiscal cliff safely and then allow longer-term negotiations

on big ticket items going forward, especially the big entitlement spending, the grand bargain as it's called. gregg: yeah. >> but i would just throw in for your consideration, gregg, that what you're seeing now is, um, you know, a desire on the part of republicans politically to say to the american people we're not stuck. we're willing to do what's best for the country right now, and that's why we're going to give you something. we're going to say, yes, we're making some con educations -- concessions, we're compromising. and that will put president obama on the defensive to make the big cuts that brad and other republicans want. so it may with just now what you're seeing from chambliss is smart politics. gregg: all right. brad blakeman, juan williams, gentlemen, great to see you both. >> have a great weekend. jenna: well, thanksgiving at halle berry's house turns into a melee, cops were called at the home of the academy award-winning actress.

we'll tell you why. gregg: plus, a potential upgrade from the postal service. why you could now receive your packages within hours. ♪ this is how mommy learned... ...and now... you! [ giggles ] ♪ the one and only, cheerios

patti ann: a chicago family is celebrating their own thanksgiving miracle. expectant mother jocelyn robinson went to the hospital there yesterday with severe complications from the her pregnancy. after some exams, the doctors gave the mother and father-to-be some devastating news. >> i had to be sort of very honest with her and say we don't have a heartbeat. >> another doctor said, i'm sorry, your baby passed, we

can't find the heartbeat. >> when they told me he passed away, i feel like -- i just start crying. patti ann: but they were all in for a big surprise. the doctors began the surgery to stop the mother's bleeding, and the baby gasped for air. the crew sprang into action to save his life. >> they told me that he was alive, so it was wonderful, you know? everybody's happy, everybody's crying now because it was life. >> i am just very, very blessed that me and my son were able to come out of this situation alive. >> it's a miracle. we can't say anything other than that. patti ann: well, baby what was born early thanksgiving morning weighing 4 pounds, 13 ounces. he's in intensive care and doing well. his mother is also recovering. gregg: on line shopping, it may be wonderfully convenient, but sometimes you need those items right away, right? well, soon your mailman may begin delivering packages within hours instead of days.

despite posting billions of dollars in the losses, the postal service is looking to take on competitors offering now same-day service. steve centanni is live in washington. sounds wonderful, but does it work? >> reporter: well, we'll find out. it's a test program that starts this month in san francisco then possibly will expand to other cities. the postal service calls it metro post. the post office picks up items once a day that are ordered online from certain retailers, and then they'd be delivered to customers' homes between 4 and 8 become the same day. instead of going through the usual processing, these packages would be transferred directly among the postal workers who pick them up and deliver them all for a flat fee of $10 a package. a spokeswoman told fox news this morning that metro post is an exciting new venture for the postal service. it gives retailers a way to provide a valuable additional service for their customers. we're in the best position to

offer this since we deliver to every address in america every day. we look forward to a successful test. the trial follows recent moves by ore beg retailers -- big retailers including wall rt, e way and -- ebay and amazon. the postal service addressed the issue saying there is no reasonable expectation that the postal service's metro post service would offer, would create an unfair or otherwise inappropriate competitive advantage for the postal service or any mailer with regard to any other party including small businesses. of course, the post office stands to make a half billion dollars a year if this program is expanded to ten cities as they plan, but at the same time it's losing $16 billion a year, so this still would be just a drop in the bucket, a small step forward, gregg. gregg: i don't know how you can do it with different time zones and so on and so forth and flight time. steve centanni, thanks very much. >> reporter: you bet. patti ann: well, they kept their promise.

a live look at maryland where there are protests there, and these similar protests -- i guess we're not going to have that live look, but they're breaking out at black fridays, walmarts across the entire country. and at one, that one in maryland, walmart workers getting into a confrontation with the manager. we're going to have brand new video of that coming up. gregg: ambassador susan rice defending her early remarks about the terror attack in libya that claimed four american lives. we're going to get reaction from one of her biggest critics, south carolina senator lindsey graham, who will join us live. >> here's what's important, the story that susan rice told america and president obama himself told america about benghazi was that it was a result of a spontaneous event. the difference between spontaneous and preplanned is significant.

patti ann: a fox news alert, walking out on one of the

busiest shopping days of the year. picket lines greeting black friday shoppers at the nation's largest retailer. a brand new hour of "america's newsroom", i'm patti ann brown. gregg: and i'm gregg jarrett in for bill hemmer. union workers protesting what they call unfair working conditions and demanding better benefits and pay. james rosen is live at the protest in landover hills, maryland. james? >> reporter: gregg and patti ann, good morning. this black friday confrontation here at wal-mart unfolded with a lot of sound and fury, a lot of evident passion, a bit of tension, but thankfully, no violence and it should be said no discernible disruption to commerce. the reverend dr. edwin l. jones, a pastor with the living baptist church in washington, d.c., led a crowd of roughly 400 boisterous protesters. they had been bussed in from the d.c. area and suburbs, they included members of groups like

jobs for justice. they marched around the perimeter of this shopping complex in suburban maryland. walmart, weapon told, brought in -- we were told, brought in security forces of its own. four to five store managers then emerged from the store and met the reverend and his flock in the parking lot. there was a respectful exchange of words in which the reverend dr. jones demanded some assurance that those who walked off the job here at wal-mart would not be retaliated against. bobby williams, the store manager, kept his cool, wouldn't commit to that, just said walmart respects its employees. anywhere from 14-25 to 30 walked off the job here, walmart said none at all, so we'll have to sort that out. several hundred around the country have walked out in about a hundred different cities. at the end i was able to interview the leader of this protest, dr. edwin l. jones, the reverend dr. edwin l. jones, and

guess what? he wouldn't say the very worst about walmart. >> we're checking with the workers that have walked out today, and if we get any news at all in reference to any retaliation from a cut in their hours or anything of that nature from any of these workers, we will be back. >> reporter: and how many workers did walk off the job today? >> okay, those numbers i don't have personally. >> reporter: do you know of a sickle one? >> oh, yeah. this person right directly behind me are workers. >> reporter: from here? >> yeah, from here. i was right behind the banner coming here, and there were at least 25-30 workers and probably more throughout our crowd here. >> reporter: what did you accomplish today? >> what did we english? what did we accomplish? we were able to accomplish that we are going to stand, we're not going to continue to tolerate walmart's misbehavior, disrespect, disregard of workers not only here in the washington metropolitan area, but throughout this country. and things like this, demonstrations like this have

not been done against walmart, and we will be heard. >> reporter: how much help did you get from the united food and commercial workers? were they helpful to you? >> yes, they were. >> reporter: what did they do >> they have organized this and also contacted the other unions throughout the area to come together to support us in this effort. >> reporter: and what would you say your total crowd number is here? >> i would say our total crowd number, we've got at least 200, tom? >> reporter: seems larger than that. maybe double. >> well, you know how my math can be sometimes when i'm excited. >> reporter: what's the plan going forward? keep showing up here every day? when? for how long, etc. >> as many times as we have to until we can get the proper audience with the manager here as we bring the community leaders, the workers themselves together and as hillary clinton said, until we crack that glass ceiling. we're going to do that. >> reporter: what was your assessment of what you heard from bobby williams, the store manager? what'd you think of him and what he had to say?

>> i thought bobby gave us a good management decision where he is, he takes orders from other people, so bobby said what needed to be said from his position. will it actually take place? we will be finding out. >> reporter: do you regard walmart as evil? >> i regard walmart as a company that disregards their workers. i'm not going to say evil, but they have put profit over people, and any good business person knows that their most valuable asset is their people, and how could you disregard that which is your most valuable asset? >> reporter: now, our fox news cameras and your humble correspondent were right there in the thick of things when this crowd of about 400 people met up and confronted directly the four or five store managers who emerged from walmart. you can see in the video the reverend dr. edwin l. jones of living baptist church in washington having a face to face, a bit tense but cordial and respectful overall with bobby williams, the store

manager. jones, as i said, was seeking some reassurance from walmart that it would not retaliate against her employees, its employees that walked out on the picket lines today in various cities across the country. jones was unwilling to provide that assurance, simply saying that walmart respects its employees. jones then gave reassurance of his own to the store that they will be back as long as it takes and as often as it takes to secure their protest aims. now, you heard in the interview that i did with the reverend that the united food and commercial workers' union was instrumental in organizing in the protest, in contacting other organizations to round up troops for the protest. that is one of the key issues here that is presently before the national labor relations board which was supposed to issue a ruling sometime before black friday, sometime before today. it never did come yet as to whether or not it would be legal for walmart employees to join the picket line. walmart had filed before the national labor relations board an unfair labor practices claim against the ufcw, the united

food and commercial workers' union, in essence arguing the group is trying to organize a stealth effort at unionizing the retail chain's -- gregg: giles, that was a huge -- james, that was a huge legal concession you got out of the pastor there. a lot of these groups including our walmart claim, no, no, no, we don't have anything to do with the union, the united food and commercial workers' union even though they register with the labor d. as an affiliate of them. so, i mean, this would normally have consequences but for the fact that the labor relations board is pretty much stacked pro-union, right? >> reporter: i can say to you, gregg, that i was aware of the potential consequences of the answers when i posed the question to the reverend dr. jones. you mentioned the political makeup of the national labor relations board is presently comprised of four members, three democrats, one republican, so

the math does not bode well for walmart when and if this ruling comes. typically, these kinds of unfair labor practices complaints take six weeks to adjudicate. they were aiming for a 72-our turn around in this case, they didn't get it. gregg: i suspect the lawyers involved in this battle will be very interested in your interview and the concession you wittingly or unwittingly got out of the pastor. it was a shrewd and clever interview and well done, james rosen. thank you very much. >> reporter: thank you, gregg. patti ann: a fox news alert now, brand new video coming in from anti-government protests across egypt. police are now firing tear gas at hundreds of protesters who are lashing out against supporters of the egyptian president, muhammad morsi. as you can see, there are fires breaking out in the crowds and more. our own steve harrigan now is streaming live from cairo, egypt. hi, steve. >> reporter: patti ann, those

crowds behind me have gotten bigger throughout the afternoon, they've gotten louder, and as you mentioned, they have gotten violet. we've seen molotov cocktails thrown as well as tear gas. these angry crowds, perhaps as many as 40 or 50,000 people now filling the square, are out in protest. they don't like what happened yesterday. egypt's new president, muhammad morsi, took sweeping new powers. he basically said that any decree he issues is legal and that any decree he issues is final and cannot be appealed. so appointments of mr. morsi say he has put himself above the law, above the courts and is making himself into a dictator. supporters say it's a temporary move, it's necessary to try and fight against old holdovers from the old regime. but what we have here is something we saw a year ago during the protests; people coming out angry with their leader, chanting the same slogans they did a year ago and the starts of violence here as the crowds continue to build. patti ann, back to you.

patti ann: steve, morsi democratically elected, but the tide turning against him in a big way here? >> reporter: certainly egypt's first democratically-elected president, but really a stunning move -- [inaudible] [audio difficulty] anything he issues is legal and anything he issues -- [inaudible] patti ann: all right. steve harrigan, unfortunately, we had some trouble with him streaming live for us from egypt where as you can see those protests now growing, thousands of people, and we will keep you up-to-date on the latest. gregg: well, a prison evacuated after several dozen inmates suddenly got sick. patti ann: also, halle berry making headlines, cops called to her house on thanksgiving day. the brawl that had to do with her bitter hus key battle -- custody battle. gregg: senator lindsey graham

called out for his comments onboard susan rice and the benghazi comments, and now senator graham will join us live with his response. >> when discussing the attacks on the facilities in benghazi, i relied solely and squarely on the information provided to me by the intelligence community. match that price. that's her "huge savings" face. yeah. don't worry, i get it all the time. [ male announcer ] we guarantee our low prices. even our black friday prices are backed by ad match. the first and only place to go this black friday. walmart.

gregg: there has certainly been no shortage of controversy over the obama administration's message on the death of four americans in libya. many people think u.s. ambassador to the united nations susan rice passed on misleading information about the attack in defending herself, rice is going after some of her high-profile critics in congress. >> i have great respect for senator mccain and his service to our country. i always have and i always will. i do think that some of the statements he's made about me have been unfounded, but i look forward to having the opportunity at the appropriate time to discuss all of this with

him. gregg: senator lindsey graham is a republican senator from south carolina. he joins us now on the telephone. senator, thanks for taking a few moments. in calling senator mccain's criticism of her unfounded, is ambassador rice wrong? >> well, here's what motivates senator mccain and myself. what happened in benghazi before, during and after, how did it become a death trap, why wasn't it closed, the conflict closed or reinforced, why couldn't you help these poor people for eight hours on 9/11, a day of heightened security concerns? i blame the president above all others. but after did what ambassador rice say to the american people about the attack, that it was a spontaneous event caused by a youtube video that turned into a mob that turned into a riot, was that the best and current estimate of the intelligence community? or was that, in fact, the best

story you could tell for the obama administration? that's what i want to know about the part she played. and i also would like to know why was she chosen? she has absolutely no responsibility for the benghazi conflict. she was not an intelligence professional. and can the president said -- and the president said why pick on her? she doesn't know anything about benghazi, she had nothing to do it. so my question is, why was she speaking to the american people then? gregg: sure. well, she claims she was relying on these classified albeit incorrect talking points that were given to her by the intel agencies, but she did have clearance and access to the classified swell -- intel that said it was, in fact, a terrorist attack. do you think she had a duty to look at that before she ever spoke authoritatively on the subject? >> yes, unequivocally. you're explaining to the american people a massive national security breakdown, the first ambassador killed in the line of duty in over 30 years, a

situation that was a long time in the making. and the story she told about a spontaneous event being caused by a video increasingly doesn't hold water. and the issue is if you look at all the evidence to show this was a coordinated terrorist attack on september the 16th, you put that in one pile, and you put the evidence that suggests it was a flash mob caused by the video, spontaneous in the making, in the other pile, what makes the most sense? she even went further on september the 16th. she reinforced the message that bin laden was dead, al-qaeda's been dismantled. and i would suggest that the intelligence surrounding the benghazi consulate attack was very rich with evidence that al-qaeda was involved and they had not been dismantled, and that's why we're pushing and we're going to keep pushing. we need to know how the system failed, how these four brave americans got killed, and we're going to get to the bottom of this. gregg: right.

but, senator, the other day you said you don't trust susan rice, and you also said she doesn't have a good resumé to be secretary of state. does that mean that you will oppose her if she's nominated? >> we will cross that bridge when we get there. i don't trust the scenario that she laid out based on what i know about the intelligence. and it's just not her. gregg: yeah. >> the president repeated that storyline that this was a mob riot caused by a video seven or eight days after her. and the question, were they telling us the best intelligence we had about benghazi, or were they shading the story to give the best political perspective for the administration -- gregg: right? >> and we've got to look at what the president said days after she spoke. that's the issue for me, was she telling us honestly and openly about the best intelligence, or were they trying to shade the benghazi attack to give the best political explanation which would have been a spontaneous event, not a preplanned

terrorist attack. gregg: i'm glad you brought up the president, because you sent him a letter, and you pointed out to him that he has not responded to 13 congressional requests for information on benghazi. is the president, in your judgment, defying congress' constitutional authority to oversee and investigate? >> i think he's stonewalling the american people. there are two movies made about the president's leadership in the bin laden raid. we have photos of the president in the situation room and a minute-by-minute account of the president's leadership. he deserves great credit for the bin laden raid, it was a gutsy call. we have information about how he called the deal on the recent ceasefire between the israelis and palestinians. when it comes to benghazi, we've been given no information about what he did for seven hours during the attack. he claims to have ordered the consulate to be secured, but we don't know anything about whether that order was carried out. but was the president told about

the april and june attacks of the consulate when the british closed their consulate in men dwaz si because it was too dangerous? he hasn't answered any of the questions about his leadership before, during and after the attack on our consulate. it was a national security failure. it's appropriate to applaud our leaders when they do well, it's equally appropriate to hold them accountable when there's failure, and that's what we're trying to do. gregg: senator, do you want to know from the president if he is the one who gave the order the night of 9/11 when people were under attack not to heed their pleas for help? >> i want to know what did the president do for a seven-hour period. if you gave an order to reinforce the consulate, why was it not carried out? why were there no military assets within the region on 9/11 of all days to come to the aid of these people? mr. president, why did you leave the consulate open? were you aware of the april and june attacks?

did you know the british closed their consulate in june because it was too dangerous? were you aware of the many pleas of reinforcement and help where ambassador stephens identified ten al-qaeda groups roaming around benghazi, and he said in a memo we cannot defend against a coordinated attack? i want the secretary of state to explain her role in this. the president and ambassador rice, i think it's a massive national security failure, and in a constitutional democracy, people in leadership get praised for the good things and have to answer for the bad things, and that's what we're trying to do. gregg: well, there is that tricky business of executive privilege. you'll have to perhaps wrestle with that. >> i don't believe there's any executive privilege that would allow a president not to be required to explain what happened in benghazi. that's just, that can't be so. gregg: well, four other presidents have testified before congress. maybe you'll be soliciting a

fifth. senator lindsey graham, thank you very much. >> thank you. patti ann: a major development in congress' fight to avoid a fiscal cliff. house speaker john boehner says the health care law has to be on the negotiating table if we hope to avoid that cliff. begin. tomato, obviously. haha. there's more than that though, there's a kick to it. wahlalalalallala! smooth, but crisp.there's more than that though, it's kind of like drinking a food that's a drink, or a drink that's a food, woooooh! [ male announcer ] taste it and describe the indescribable. could've had a v8.

then you may be looking for help in choosing the right plan for your needs. so don't wait. call now. whatever your health coverage needs, unitedhealthcare can help you find the right plan. are you looking for something nice and easy? a medicare advantage plan can give you doctor, hospital and prescription drug coverage all in one plan... for nothing more than what you already pay for part b. you'll also have the flexibility to change doctors from a network of providers dedicated to helping you stay healthy. call now to learn more. unitedhealthcare has the information you need so you'll be better prepared when making medicare decisions. maybe you'd just like help paying for your prescriptions.

consider a part d prescription drug plan. it may help reduce the cost of your prescription drugs. remember, open enrollment ends friday, december 7th. call unitedhealthcare to learn about medicare plans that may be right for you. call now.

patti ann: republican house speaker john boehner is demanding that president obama's signature health care reform deal be part of any deal on on the so-called fiscal cliff. so can we afford the affordable care act, and what can be done, if anything, about the law? douglas holtz-eakin is the former director of the congressional budget office. thank you for joining us, doug. so speaker boehner has this

opinion piece in the cincinnati inquirer where he says, quote: poot path do you agree? >> yeah. i think the speaker is right, because the fundamental roots of our big debt problems, especially going forward, are the health entitlement programs, the medicares, medicaid and the new affordable care act. it is estimated to cost about a trillion dollars over the first ten years, and i think analysts who have looked at that estimate understand it has a risk of being much larger than that. my own work suggests the costs have already gone up by about 25%, they could easily double over the next ten years. and if you're going to undertake a real fix to the debt, you have to take on spending programs like that. patti ann: all right. so "the washington post" among many other entities says that there is no way the democrat-controlled senate is going to vote for full repeal, but the post says, quote, there

are a lot of ways that deficit reduction cuts could reduce spending on obama kay. so -- obamacare. so is that where this is headed, what they describe as small tweaks acceptable to both sides? they wouldn't dismantle the law, but they would decrease it? >> i think there's a real chance that democrats will agree to scale back some of the subsidies to insurance on the exchanges. they're going to have to face a real tough choice; do you want to scale back spending on programs that people have been on for decades like social security and medicare, or do you want to scale back the projected spending on a program no one's gotten a check from yet? i think we'll see republicans and democrats agree to reduce the spending in the affordable care act, and there's real opportunity to. people who are going to be making $70,000, more than the median family income in the united states, are eligible for subsidies under the law. it's just too generous to be afforded. patti ann: there's an article in "forbes," very interesting, that says that these health exchanges

as liberals have been happy to point out were originally a key idea -- a conservative idea, but that idea is quite different from the one expressed by obamacare. the original idea was to save consumers money through choice and competition, obamacare does the opposite, creating a tangle of mandates and taxes. what say you? >> certainly better competition for health insurance is a good idea. that was the original vision of exchanges. unfortunately, in massachusetts and now with the federal law they've become instruments for social regulation with a very hey-handed set -- heavy-handed set of mandates, a lot of top-down management of the kind of insurance products you can get and would be available for families. and so i think going back to the original vision would be a wonderful idea. that would take a lot of work to scale back the real regulatory intrusion from the law. patti ann: all right. now, the "forbes" article also says that states think that they have to choose between setting up a state-based version of obamacare's exchanges or leave

implementation to the feds. that's the choice. but they write there's a third alternative where states set up their own markets for health insurance in a way that he feels would get around a lot of those problems. are there other options here? >> i think there are really two options. there's the one that was mentioned, but also when the supreme court decided that the medicaid expansions were optional, they really dealt the states back into the game on the future of obamacare. they now have the chance to go to the administration and say, yes, you want these expansions, here's what we want. we want greater flexibility in setting up these exchanges, we want some relief from the regulatory burden. we don't want insurance products to be turned down by health and human services. so the more states can get in the business of generating flexibility, setting up their own exchanges and using them for better competition and choice, the percent off the end game will be. patti ann: all right, douglas holtz-eakin, thanks for joining us.

gregg: want to show you brand new pictures, clashes in egypt. the president there, muhammad morsi, giving himself far-reaching powers that no one inside the country can question, and there have been a lot of violent protests in reaction to it. critics are saying that he is putting himself, morsi, above the law, giving himself absolute immunity and others who abide by his rules as well. well, the people have taken to the streets. they don't like it one bit. and there you see just some of the pictures. the confrontation between morsi's police and the protesters. we'll have more on this in a live report next.

gregg: a fresh round of violence causing new concerns about the cease-fire between israel and hamas. while the truce appears to be holding for now a deadly conflict between israeli troops and palestinian protestors combined with that fatal bus bombing is leaving some people to wonder just how long this so-called cease-fire will last. leland vittert joins us live in our jerusalem bureau. leland, what is hamas saying about all of this? >> hamas says the shooting incident that killed one palestinian, injured 19 on the gaza border breaks the cease-fire agreement. what hamas is doing is perhaps more important which is using its police force to try to hold

people back from the scene there on the border and prevent any more protestors from reaching that fence. earlier today 300 protestors went towards the fence, the israeli soldiers came out, told them to get back, at some point there was automatic weapons fire, whether the soldiers meant to shoot to kill or not is still unclear. this has been a big part of the negotiations for the cease-fire because israel has kept a buffer zone inside the gaza strip for a long period of time now, and tried to keep palestinians back from that. that was part of the cease-fire agreement. and this is what the palestinians were testing. right now the cease-fire appears good. the question is will we see more of these incidents or will we see more people at that fence. gregg: we are getting word of arrests being made in that terrible bus bombing in tel-aviv, what can you tell us. >> the israeli police have rounded up a number of suspects,

they won't say how many, in this bus bombing in tel-aviv that injured a number of people, some of them very seriously. the bomb it appears was planted under one of the seats and detonated by cellphone and they are trying to track down who all these people are. the israeli police said they rounded everybody up. it was a big embarrassment for the security services. we haven't had a bus bombing in five or six years, it brought back the second inch tpa tad today. the israeli security missed it and the bomb made its way from the west bank into israel, they want to see if it's an isolated incident or whether the people rounded up in the west bank have friends and we'll see more of these bombings going forward. gregg: leland vittert live in jerusalem, thank you. patti ann: thousands of egyptians are taking to the streets. they are angry about a new decree by president mohammed more see an morsi and his

government thaebgs eplts them from judicial review. the president spoke out to the crowd in front of the presidential palace today. he insists his new decree is only temporary and is designed to keep supporters of hosni mubarak from blocking his reforms. kt mcfarland joins us, and wahil farris is also with us. moris' decree is not sitting well with a lot of people. they say he is a dictator and demanding him to resign. >> he is. he's got control of the legislature he's the president. he has control of the executive branch and the military now. a couple of months ago the mail tear remade some shaeupbgs, h

shakeups. if you can't take over the judicial branch make sure it doesn't have the authority to go after him. why is this important to us? eegypt is about to hit its fiscal cliff. it has economic crisis on the horizon. they can't feed their people, they can't give them fuel. they don't have transportation fuel and without foreign assistance the egyptian government and morsi himself will face a lot more demonstrations. people went to the street 18 months ago because they don't have jobs. just think how angry they will be if they tonight have foods. >> a few days ago marked a year from the deadly clashes in tahrir square, and they were protesting against hosni mubarak. earlier this week the protestors were out again wanting morsi to bring phaoub to justice. he's trying to speed up justice and legal object stack kals that

are hindering him. is there any validity to that. >> those masses that you see are the original weights that defended on tahrir square two years ago. these are the anti-dictatorship, people who began the arab spring. the muslim brotherhood, the body of the ruling president today bypassed them and got to power as kt has mentioned. the masses are realizing that the new -- democratically elected new president mr. morsi is headed egypt to re-establish a toll louisiana tea a regime. he is claiming he want to oppose the members of the hosni mubarak supporters. he can use them against the egyptian news, against women, minorities. they know that he is trying to establish a dictatorship or a

solatarian regime and they are marching against it very early in the process. gregg: the protestors concer process. patti ann: the protestors concern here is that he would impose his islamist sreufgs in thviews here. >> you worry that no successor takes his place, it becomes chaos. if you look at all the arab spring countries it started out a year and a half ago with great optimism. great rid of the dictators and in their place will be democratically elected leaders who will fight for the rights of their people and economic opportunity and treat all people equally. what has happened in most of the countries, that arab spring, that notion of democratic revolution has been swept aside. a revolution is a three-act play. act one get rid of the dictator. act two it's return of them to

govern. and in this case is when the new dictator comes in and imposes his own thing. why is it important? egypt is the largest most powerful country that others in the region look for. what you're seeing in jordan right now, there is a king, demonstrations against the king, arab spring coming to jordan. will jordan be toppled? you could have the chaos and the pro islamist anti-american, anti-israeli governments spring up in all of these countries. from a short period of time it's gone from stability to chaos, and israel is increasingly surrounded. gregg: egypt brokered the current cease-fire between israel and gaza strip a but then a muslim brotherhood leader said that he doesn't actually accept that agreement, that mohammed morsi sponsored. is there dissension in his own party as well? >> no, it doesn't happen like this within the muslim brotherhood or the islamist organizations, it's all coordinated. the president, whose must brotherhood is the head of state

of egypt. he basically sponsored or moderated this agreement. he's going to get dividends from the united states. he's going to get money from the united states. it's going to be difficult to go to congress now and say do not send money to morsi. he gained there. members of his leadership are going to gain credibility from the maes, from their own supporters by telling them, oh we don't like this agreement and guess what his own spokesperson on tv were criticizing the united states when secretary clinton was in cairo. they can play the double game very easily for them. >> interesting. thank you so much giving your analysis of breaking developments going on right now in egypt. thank you. >> thank you. gregg: black friday is well underway. of course a live look at a target in chicago. we are there live with the very latest. and drama to say the least at halle berry's house after a thanksgiving brawl with her ex,

what this could mean for their bitter custody battle.

gregg: protests are not stopping shoppers from rushing for the best deals. many competitors for the first time starting their sales a whole lot earlier. steve brown is live at the target in chicago, and, steve, what does it look like there? well, it's interesting. if you go to a mall sometimes you get folks that just want to go and sample the atmosphere and have a look around, and sample a bunch of different stores. if you go to a specific store like the target that we're into generally speaking what you get are folks that have a list, know what they are going to get and are out to go get it. there's been pretty consistent foot traffic in this store and we've seen a lot of shopping carts. what we've always discovered is that both from the standpoint of folks working at the stores and the folks shopping at the stores on black friday they like getting the action started

early. >> we seem to beat -- we're in the in between crowd, the crazy people that come really early, and then, you know, the people that sleep in. >> we opened up at 9:00pm and we give a lot of thought to that decision, and our guests loved it and we have enough team members especially in a storm like this right here where people volunteered for those shifts and we had no trouble staffing our stores. >> they said they had more volunteers to work during the holiday, overnight, off hours, early hours, black friday hours than shifts to hang out that is a good situation for them and for the target stores locally. most things generally speaking are in good supply. if you're one of those parents that is taking a look at the we you you will be you hunting a little bit. this is in short reply in a lot of different places. if you're going to try to target

these things at a target or another retailer you'll have to do your homework in advance and problem below do a little bit of hundred link around. mos hustling around. most of the items are in robust supply around the nation. if there is a short supply item that we've heard about or seen, the we you is it. gregg: we love target at our house. steve brown in chicago at target. thank you very much. patti ann: less than 15 minutes away from "happening now." jon scott is here now to tell us what is coming up. jon: good morning to you. straight ahead a prominent republican breaks ranks saying he cares more about the country than a 20-year-old antitax pledge put forth by a prominent conservative. this will empower the president in the fiscal cliff negotiation stph-s a fair & balanced debate on that. one indiana county slammed with the largest outbreak of chickenpox in the nation. more than 80 kids down with the

illness, hundreds sent home from school. how is this happening when there is a vaccine readily available. a physician of family medicine here to tell us all there and more when we join you at the top of the hour for "happening now." patti ann: looking forward to it. and also coming up oscar winning actress halle berry in the middle of a dramatic thanksgiving fight between her former and current boyfriends. it all led to charges of battery and arrests. we have that whole story coming up. it's my favorite time of year again and now -- i got a great new way to get deals. it's called bankamerideals, from bank of america. i choose the cash back deals in my mobile or online banking. i just use my bank of america debit or credit card when i pay. and i get as much as 15% cash back -- put into my account. this is on top of other rewards and discounts i already get. best of all -- it's free. happy holidays. [ male announcer ] introducing bankamerideals, free for online banking customers. sign in to your online banking to choose your deals today.

[ male announcer ] it's that time of year again. medicare open enrollment. time to compare plans and costs. you don't have to make changes. but it never hurts to see if you can find better coverage, save money, or both. and check out the preventive benefits you get after the health care law. ♪ open enrollment ends dember 7th. so now's the time. visit care.gov or call 1-800-medicare.

gregg: well a bitter custody battle just getting a whole lot nastier. halle berry's ex-boyfriend busted at the star's hollywood home after a thanksgiving brawl with berry's new fiance. berry and her ex, not on the best of terms.

his name is gabriel aubry. they are currently fighting for custody of their four-year-old daughter. joining us now a couple of fine lawyers, tom kenick. and mercedes coen, fox news legal analyst. for the record the new boyfriend is olivier martinez, just so everybody knows the players here. mercedes, if there is a propensity towards violence, and i'm speaking of gabriel aubry, does that jeopardize his ability to have custody or partial custody of his own daughter? >> you nailed it right on the head, because the big issue is what is in the best interest of the child. so if there are violent propensities, if there is unexpected behavior, if he has anything that shows an explosive he personality, and it's certainly problematic that he already has a restraining order against him to protect fal

tphanala, olivier martinez and halle. given those circumstances when you get into the custody ring the judge is going to look at this and say, wait a minute, we a have a four-year-old who is extremely vulnerable and you pose a threat to them and i have an independent judge making that ruling. gregg: this is not the first time. allegedly he pushed the nanny while th the nanny was holding the daughter. that resulted in a investigation an had to undergo anger management counseling. what now? >> i agree with mercedes in the sense. the key term is whether there is a propensity for violence. look, i'm not trying to under estimate the seriousness of what happened yesterday at the berry home. this is not the first time that a father has got even into a physical spat with his ex's new

beau, it happens. the test is whether or not it is impacting the child either emotionally or has the potential to put the child at physical risk. with respect to the order of protection, yes there was an order of protection issued. i can tell you as someone who practices regularly in the criminal tkoerts tha courts that those orders are protection are given out when this is anything to do with domestic violence or physical assault. >> there is a difference. the order of protection is also to protect the child. it's understandable why there would be one with olivier martinez and perhaps even halle. now you have the child in the mix, that judge made some sort of conclusion that he poses a threat to that child. the child was not involved in the altercation. halle took the child out. >> there was no fact-finding determination. all the judge knew was that there was an allegation that the child was present and issued that order are, that's all it

takes. as a family court as you know and you already pointed out it's a much more detailed analysis. gregg: let me get your thoughts on one more thing. halle berry wants to get out of united states, she wants to move with her new boyfriend to france. now, that puts the natural father, gabriel aubry in a difficult position. don't courts increasingly, as well as experts say, hey, wait a minute, even noncustodial parents, tom, play a vital role in the mental and emotional well-being of their children? >> absolutely, look, gregg the courts want to do everything they can, even in situations where one of the parents or both of the parents may have some issues and problems, they want to do everything they can to foster both parents relays lacing ship with the child. again it goes back to that -- gregg: she is not going to be allowed to move with the child to france is she? probably not. this certainly advances her plea to let her move, because if she is 4 years old, she is

vulnerable, he may pose a threat. why have him have unfettered access to her. gregg: as far as the turkey day fight gabriel aubry is innocent until tkpwrofp proven guilty. thank you for joining us today. patti ann: we are live as shoppers nation live try to gobble up post thanksgiving deals while dealing with throngs of striking workers. so if you're one of them people who gets heartburn and en treats day after day... block the acid with prilosec otc and don't get heartburn in the first place! [ male announcer ] one pill each morning. 24 hours. zero hearurn.

swithout shriners hospitals,he ithings i'm able to do. my life would be completely different. when i was seven, we found out i had scoliosis.

everything changed when they stepped in. it was like they gave me my future back. tori's life is one of nearly a million changed by donations from people like you. send your love to the rescue. donate today. patti ann: people tuning into last night's jets patriots game got a second serving of turkey. mark shan chess fumbled the ball on a broken play. it wasn't the first fumble of the game either. the patriots returning that one for a touchdown. on the kickoff the jets give it